| | |
administrative release is governed by the provisions of that | | chapter. |
|
| | | Sec. 3. 12 MRSA §10608, as enacted by PL 2003, c. 655, Pt. B, §66 | | and affected by §422, is amended to read: |
|
| | | §10608. Juvenile violations |
|
| | | Notwithstanding other provisions of law, a person who has not | | attained 18 years of age and who is convicted of a crime for a | | violation of this Part that is not defined as a juvenile crime | | under Title 15, section 3103, subsection 1 may not be sentenced | to imprisonment. but may be committed to a Department of | | Corrections juvenile correctional facility for a period of | | detention that may not exceed 30 days, which may be suspended in | | whole or in part, if the court determines that: |
|
| | | 1.__Crime.__The crime is one that, if committed by a person | | who has attained 18 years of age, would carry a mandatory term of | | imprisonment that may not be suspended; |
|
| | | 2.__Nature.__The aggravated nature and seriousness of the | | crime warrants a period of detention; or |
|
| | | 3.__History.__The record or previous history of the defendant | | warrants a period of detention. |
|
| | | The court is not required to impose a period of detention | | notwithstanding that there is a mandatory term of imprisonment | | applicable to a person who has attained 18 years of age. |
|
| | | Any period of detention must be served concurrently with any | | other period of detention previously imposed and not fully | | discharged or imposed on the same date.__Any period of detention | | is subject to Title 17-A, section 1253, subsection 2 but not to | | Title 17-A, section 1253, subsection 3-B, 4, 5, 8, 9 or 10.__If | | the court suspends the period of detention in whole or in part, | | the court shall impose a period of administrative release not to | | exceed one year.__The administrative release must be administered | | pursuant to Title 17-A, chapter 54-G, and revocation of the | | administrative release is governed by the provisions of that | | chapter. |
|
| | | Sec. 4. 15 MRSA §3003, sub-§2-A, as amended by PL 1987, c. 698, §1, is | | further amended to read: |
|
| | | 2-A. Attendant; attendant care. "Attendant" means an agent | | of a county sheriff or of the Department of Corrections who is | | authorized to provide temporary supervision of a juvenile alleged | | to have committed a juvenile crime or of a juvenile adjudicated |
|
|